Inebriates Act 1878 (SA)

ANNO QUADRAGF,SIMO PRIM0 ET QUADRAGESIMO

SECUNIIO

A.D. 1878.

No. 92.

An Act to ame?zd The bzebiate .~ Act of 1874.

[Assented to, 21st August, 1878.1

HEREAS it is desirable to amend The Inebriates Act of 1874 Preamble.

W -Be it therefore Enacted by the Governor of the Province 37 and 38 \Tictorim,

of South Australia, with the advice and consent of the Legislative N,, 8.

Council and House of Assembly of the said Province, in this present

Parliament assembled, as follows;

1. If any inmatc of any retreat shall abscond or escape therefrom Inmate absconding

or destroying property

before the expiration of the term specified in the order of detention, or shall wilf;lly damage or destroy any property belonging to any such retreat, such inmate may be brought before any two or more Justices of the Pcace for the said Province, who shall make inquiry as to the complaint made against such inmate, and upon proof of such complaint, may order such inmate to be imprisoned for any term not exceeding three months with or without hard Zabor. And such inmate shall at the termination of such imprisonment, be sent back to the retreat and detained therein for the remainder of the term mentioned in the order of detention.

inmate, or prevent him from returning to such retreat, shal, on con- . viction

2. Any person who shall directly or indirectly counsel or induce Puni~hment for aid-

by letter or otherwise, any inmate of' any retreat to abscond or escape ing abscondern.

therefrom before the expii9ation of the term specified in the order of

detention, or before such inmate shall have been regularly discharged,

or who shall aid or abet any such inmate in so escaping or abaconding,

or who knowing any such inmate to have so absconded or escaped,

shall harbor or conceal, or assist in harboring or concealing, such

41" & 420 VICTORIB, No* 92.

Inebriates Act Amendment Act.-1 878.

viotion, forfeit and pay any sum not exceeding Twenty Pounds, or at the discretion of the Justices may be imprisoned for any term not exceeding two months, with or without hard labor.

Amendment of wtion 3. Section 21 of The Inebiiates Act of 1874 shall be read and

2 1 of original Act.	construed as if the words by statutory declaration" had been omitted therefrom, and a certificate in the form in the Schedule hereto, or to the like effect;, signed by two medical practitioners, shall be deemed a sufficient compliance with the provision^ of the
e d section in reference to a certificate.
Pmr.	4. The several forms in the Schedule to this Act or forms to the like effect, shall be deemed good, valid, and sufficient in law.
she Title and in-
oorporation.	5. This Act may be cited for all purposes as the Inebriates Act Amendment Act, 1878, and shall be incorporated with The Inebri- ates Act of 1874.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

SCHEDULE

41" B 42* VICTORIB, No. 92.

Inebriates Act Amendmtnt Act,- 1878.

SCHEDULE.

[The inebriate^ Act of 1874.1

Medical Certijicate.

We the undersigned duly qualified medical practitioners, do hereby certify that we

have examined	of
- -

and that in our opinion	the said	requires curative
treatment in a Retreat.

[The Inebriate8 Act of 18711]

Order of Detention.

South [Royal Arms. "J Australia.

Wssaeas on the day of application was made

to by

of in the said Province

for a summons calling upon the said to appear before

at in the said Province

on the day of 18 to show cause why he ahould not be committed to a Retreat under the provinions of the Inebriates Act of 1874: and whereas the reasonableness of the said application being proved to

by the evidence of

did therefore issue summons to the said to

appear before at in the said Province on

the day of 18 : and whereas it now

manifestly appears to having heard the evidence adduced in support of the

said summons in the of the said

that by reason of his abuse of intoxicating liquor the said

is unable to control himself and is incapable of managing his affair8

from the continuous use of such intoxicating liquors: and two Medical Practitionere, to wit, and having

certified in writing that the said requires curative

treatment in a Retreat: now, therefore, do order that the said

be apprehended and conveyed to the Retreat, and be there

delivered to the Superintendent or other proper officer thereof; and that the said

be there received, detained, and subjected to curative

trsatment therein for and do further order and adjudge

that the said of do pay to

of in the said Province the sum of

for his costs in this behalf, and the sum of

for the costs of the conveyance of the said

to the said Retreat; and the sum of	for his maintenance
and treatment therein.

Given under hand and seal at in the said Province,

the day of 18

Adohide: By authority, W. C, Cox, Government Printer, North-tsrrace.